Bodies of Law by Alan Hyde

By Alan Hyde

"Alan Hyde has produced a gorgeous serious anatomy of ways the human physique figures (and is figured) in American criminal discourse. somebody who desires to comprehend the myriad mechanisms through which legislation constructs and regulates corporeality may do good to begin with this ebook. our bodies of legislations will stand as a decisive intervention within the sudy of legislations and modern 'body politics.'"--Kendall Thomas, Columbia legislations institution the main uncomplicated assertions approximately our bodies--that they're ours and distinguish us from one another, that they're deepest and feature obstacles, races, and genders--are all political theories, developed in felony texts for political reasons. So argues Alan Hyde during this first account of the physique in felony notion. Hyde demonstrates that not one of the structures of the physique in criminal texts are common truths that relaxation exclusively on physique event. Drawing on an array of attention-grabbing case fabric, he indicates that felony texts can build every kind of our bodies, together with those who will not be owned in any respect, which are similar to different our bodies, which are public, open, and available to others. additional, the language, photos, and metaphors of the physique in criminal texts can usually persuade us of positions to which we'd no longer assent as an issue of political conception. via research of felony texts, Hyde exhibits, for instance, how law's phrases build the vagina because the such a lot searchable physique half; the penis as completely below psychological keep an eye on; the bone marrow that don't need to be shared with a half-sibling who will die with no it; and urine that needs to be surrendered for drug trying out in rituals of nationwide purification. This booklet will curiosity someone excited by cultural stories, gender reviews, ethnic reports, and political thought, or an individual who has heard the word "body developed in discourse" and needs to work out, step-by-step, precisely how this is often performed.

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133. 5 Giorgio Baglivi, De Praxi Medica 78 (Venice 1727), as quoted in Sergio Moravia, “From Homme Machine to Homme Sensible: Changing Eighteenth-Century Models of Man’s Image,” 39 J. Hist. Ideas 45, 48 (1978). 36 CHAPTER 2 source represents the Cartesian mind or spirit that stays outside the body but animates and directs it; the machine represents the mindless body. This simplified model apparently accounted for remarkable progress in medical thought. It similarly influenced the human psychology found in eighteenth-century literature.

The Hawkins case is thus a creature of its time by employing the machine metaphor (disappearing by 1929), but doing so in the service of the body as commodity (which had a bright future). The notion that George Hawkins’s arrangement for an operation on his hand was “closely analogous” to the purchase of a machine was, perhaps, cold and legalistic. The internal evidence from the opinion sustaining this interpretation is mainly silence. The opinion is silent about physical description of Hawkins’s hand, details of his life, his feelings about his body, indeed, any detail about the “person” George Hawkins other than the fact that his doctor promised him a perfect hand.

H. 1929). Lon Fuller popularized the case by putting it in the opening spot of his casebook, Contracts (1947). It continues to be the first case in such popular casebooks as John P. Dawson, William Burnett Harvey, and Stanley D. Henderson, Contracts (6th ed. 1993); Thomas D. Crandall and Douglas J. Whaley, Contracts (1987); and Robert W. Hamilton, Alan Scott Rau, and Russell J. Weintraub, Contracts (2d ed. 1992). , The Paper Chase 6–9 (Boston: Houghton Mifflin, 1971), and the movie based on it.

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